Property Ownership
In West Virginia, a private homeowners association (HOA) has the authority to enforce deed restrictions through:
AEminent domain proceedings
BCivil litigation and injunctive relief in the courts✓ Correct
CWVREC disciplinary hearings
DAdministrative hearings before the county commission
Explanation
HOAs enforce deed restrictions through civil litigation. If a homeowner violates the CC&Rs, the HOA may file a lawsuit in circuit court seeking an injunction to stop the violation and/or monetary damages for any harm caused.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adjustable-Rate Mortgage (ARM)A mortgage with an interest rate that changes periodically based on a financial index, usually after an initial fixed-rate period.
EasementA non-possessory right to use another person's land for a specific purpose.
Math Concepts
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